NEW YORK - Bianca Jagger is getting evicted from her rent-stabilized apartment.

In a 3-2 decision, the state Supreme Court's Appellate Division agreed with the argument by Katz Park Avenue Corp. that the place could not be Jagger's primary residence since she was in the country on a tourist visa.

The appeals judges noted that Jagger, a native of Nicaragua, is a British citizen who also keeps at least one luxury apartment in London's Belgravia section.

The appeals court said a person with a B-2 tourist visa, the kind Jagger has, cannot claim to comply with the immigration statute's residence rules and at the same time claim a primary residence in New York.

The appeals court's ruling reversed a decision by Justice Leland DeGrasse. The court sent the case back to DeGrasse to determine how much the 62-year-old former wife of Rolling Stones front man Mick Jagger owes in back rent and legal fees.

She withheld rent payments and sued Katz in 2003 over her claims that toxic mold had made the 18th-floor apartment unlivable, and had made her sick. She had been renting the Park Avenue space for $4,614 a month.

Jagger's lawyer, Ryan Goldstein, denounced Katz's lawsuit, saying the landlord sued her after she had lived there 20 years as "retaliation" because she filed a lawsuit against them over the mold infestation.

Goldstein said Jagger's personal injury lawsuit against Katz over the mold is still pending.

Booting Jagger from her apartment means Katz can raise the monthly rent. The amount a landlord can charge for each rent-stabilized apartment is limited by rent laws, but once a tenant vacates the flat, the landlord can charge market rate.